TERMS AND CONDITIONS OF SALE
The website www.thekooples.com (hereinafter the "Website") is an e-commerce website open to any Internet users (hereinafter the "Internet User").
It is published by The Kooples PRODUCTION (hereinafter "The Kooples"), a French Société par Actions Simplifiée with a capital of EUR 5,645,070, having its registered office at 11 rue de Prony 75017 Paris, registered with the Paris Trade and Companies Register under number 507 769 164.
Intra-community VAT No.: FR07507769164
Tel. No.: : 01 44 77 99 77
Email address: email@example.com
The Website allows The Kooples to propose The Kooples brand textile products and accessories for sale (hereinafter the "Products") to Internet Users browsing the Website (hereinafter the "Customers").
For the application hereof, it is agreed that the Customer and The Kooples will collectively be referred to as the "Parties" and individually as a "Party" and that a Customer who confirms an order will be referred to as a "Buyer".
These terms and conditions of sale apply to all European Union countries, with the exception of Germany and the United Kingdom.
Any order of a Product proposed on the Website implies the Buyer's adherence to these terms and conditions of sale.
The Kooples reserves the right to amend these terms and conditions of sale at any time by publishing a new version on the Website. The terms and conditions of sale are those in force on the date on which the order is placed.
ARTICLE 1. PURPOSE
These terms and conditions of sale govern the Parties' rights and obligations resulting from the sale of the Products proposed on the Website. They apply to the exclusion of any other document.
ARTICLE 2. PRODUCTS - PRICE
Only the Products present on the Website on the date on which the Customer consults it are available for sale. The Product offers are limited to mainland France and European Union countries. The product offers and prices are valid while stocks last, for as long as they are visible on the website.
We do our best to ensure that information, descriptions and prices are accurate. However, it is possible that errors may arise. If the price of an article that you have ordered is incorrect, we will inform you as soon as possible and you will have the possibility to confirm your order at the correct price or cancel your order.
If we are unable to contact you, we will cancel the order.
The prices are indicated in Euros, including all taxes, for European Union countries.
Unless otherwise specified, these prices do not take into account shipping costs, which will be indicated on top of the price when placing the order, and before order confirmation by the Customer.
Value Added Tax is applied at the rate in force in France.
ARTICLE 3. ORDERS
3.1. PLACING AN ORDER
A Customer who wishes to place an order chooses the Product(s) of his choice by clicking on "Add to basket".
At any time, the Customer can:
Check the number of Products in his basket and obtain detailed information on each of them by clicking on "My basket";
Continue his selection of Products by clicking on the button "Continue my purchases";
Complete his order by clicking on the button "Confirm"
Any new Customer must fill out the fields proposed to create his customer account. The Customer must accurately complete the form made available, which notably includes the information necessary for his identification, including his email address and a password of his choice (which is personal and confidential) which he will use later to log into the website.
Any Customer who already has a customer account must log in after clicking on "Confirm" by entering his email address and password.
The Customer accepts that entering these two pieces of information constitutes proof of his identity.
Providing personal information collected in the context of a remote sale is obligatory, this information being necessary for the processing and delivery of orders and issuing bills. This information is strictly confidential.
After reviewing his order summary, once all the information requested has been completed by the Customer, and before payment, the Customer reads the terms and conditions of sale and acknowledges this by ticking the box provided to this end.
3.2. ORDER CONFIRMATION
Confirmation of the basket constitutes an electronic signature. This signature has the same value between the parties as a handwritten signature and constitutes proof of the order in full and the requirement to pay the amounts due in accordance with said order. As soon as a Customer confirms his order, he becomes a Buyer.
The Customer pays for his order by bank card (carte bleue, Visa, Eurocard/Mastercard/American Express), PayPal or Amazon Pay or other local means of payment (i.e. Bancontact Mistercash for Belgium // Sofort for Germany // Ideal for the Netherlands) and/or gift cards whose functioning is described at the following address: (insert link to gift card policy).
If the Customer wishes to pay for his order by bank card, he must provide the number and depending on the type of bank card used, the expiry date and security code.
In the case of payment by gift card, the Customer will enter the gift card code.
The price payable by the Buyer is the amount indicated on the order summary document.
In any case, the amount debited will correspond to the Product(s) actually delivered.
The amount will be debited with the order is placed. For any missing product, a refund will be generated without delay.
It is specified that by choosing payment by bank card, the Buyer will be automatically transferred to the Hipay secure payment server.
The server and payment page are secured by S.S.L (Secure Socket Layer) 3D Secure encryption to protect all means of payment data as effectively as possible and guarantee that at no time do the Buyer's bank details pass through the The Kooples' electronic system.
3.4. DISCOUNT CODES
Discount codes on user accounts: discount codes may be offered to customer account holders at any time. These discount codes can only be used on purchases made through the account to which the discount code was granted and recorded.
Promotional discount codes: promotional discount codes applicable to all or certain purchases made on the Website can be offered at any time.
3.5. ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER
Once payment is made, an order summary document is sent by email to the Buyer to the email address provided.
This document constitutes acknowledgement of receipt and summarises all elements making up the agreement entered into between the Parties.
ARTICLE 4. DELIVERY
The Kooples will make every effort to ensure the order is delivered within an average of 48 hours and maximum of 20 working days as from the day after order confirmation by the Buyer. During the VIP sales periods, sales or outlet sales: these delivery times may be extended by 15 working days.
It is specified that orders placed on the Website www.thekooples.com on Friday afternoon, Saturday or Sunday are processed on the following Monday. Orders placed on the website www.thekooples.com on a bank holiday not falling on a Friday, Saturday and Sunday are also processed on the next working day.
Products ordered by the Buyer are delivered in mainland France and all European Union countries, to the address provided by the Buyer on the final order confirmation page, accompanied by an order form. The Buyer can have Products delivered to an address other than his own address. Delivery will not be made in the case of a force majeure event or a transport and/or postal strike.
Articles are delivered while stocks last. In the event that a product ordered is not available, The Kooples will honour the order for the other products and refund the Customer for the missing products after shipment of the order.
IMPORTANT COMMENT: Depending on product availability, orders may be shipped in several packages.
In the event that the delivery deadline is extended, The Kooples undertakes to inform the Buyer as soon as possible and by any means so that he can choose whether to maintain or totally or partially cancel his order.
The Kooples cannot be blamed and held liable for the consequences of any events outside its control, in particular cases of force majeure or unforeseeable circumstances which delay or prevent delivery of the product ordered.
In the event of failure to respect the deadline mentioned plus 10 days, the Buyer can cancel his order by sending a registered letter with acknowledgement of receipt to the registered office address indicated at the start of these terms and conditions. Cancellation will only be taken into account by The Kooples if shipment or delivery has not taken place between the sending and receipt of said letter. The Buyer will be refunded at the latest within 14 days as from receipt of the registered letter by The Kooples.
Given the time frames necessary for the manufacture of personalised products, the average delivery times mentioned above do not apply to personalised products.
Consequently, The Kooples also reserves the right to split the delivery of an order composed of several personalised products or a personalised product and other unpersonalised products.
ARTICLE 5: ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER
The Kooples guarantees the conformity of the Product delivered with the essential properties described on www.thekooples.com and that the Product is fit for purpose.
The Buyer must verify the condition of the packaging and conformity of the Product delivered and specify, as may be relevant, any reservations on the carrier's delivery form.
ARTICLE 6. RIGHT OF WITHDRAWAL
The Buyer has fourteen days as from the day after receipt of the Product(s) ordered to exercise his right of withdrawal, without it being necessary to provide any reason whatsoever.
The Buyer notifies his decision to withdraw by means of a clearly worded statement:
by filling out the withdrawal form accessible here. If the Buyer chooses this option, The Kooples will immediately send acknowledgement of receipt of withdrawal by email.
or by email via our contact form
Or by letter to:
The Kooples PRODUCTION
Service Relation Clients
11, rue de Prony
The Buyer must return the Product(s), at his own expense, in its/their original packaging and condition, along with the corresponding bill, to the following address:
The Kooples Retours Internet
ZAC de la Pépinière
95470 ST WITZ
The Buyer bears all risks related to this shipment. The Kooples will not be held liable in the case of loss, theft or delay in delivery of the returned Product. The Buyer must provide proof of the return.
The Buyer cannot be held liable regarding depreciation of the product resulting from handling necessary to ensure conformity of the Product(s) with expectations.
If the above-mentioned conditions are fulfilled, The Kooples will refund the Buyer the total order amount, including delivery costs (with the exception of additional costs resulting from the fact that the Buyer has chosen, as may be relevant, a delivery method other than the less costly standard delivery method offered by The Kooples), without excessive delay and, in any case, at the latest fourteen (14) working days as from the date on which The Kooples is made aware of the Buyer's decision to withdraw.
The Kooples can defer the refund until receipt of the Product(s) returned or until the Buyer has provided proof of shipment of the Product(s), the date retained being whichever happens first.
The Kooples will make the refund using the same payment method used by the Buyer for the initial transaction, unless the Parties agree otherwise.
In the event of payment by bank card or if the card has expired, refunds can only be made by bank transfer. Communication of bank details is essential in order for the refund to be made.
In any case, this refund will not give rise to any expenses for the Buyer.
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for orders of articles made specifically to fit customer specifications or which are significantly personalised.
Consequently, the Buyer cannot exercise his right of withdrawal if he orders a personalised product.
However, the Buyer continues to benefit from the guarantees provided for in Article 7 of these Terms and Conditions regarding defective products or products not compliant with the product ordered.
ARTICLE 7. GUARANTEES
All Products sold by The Kooples benefit from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the Consumer Code and the hidden defect warranty provided for in Articles 1641 and following of the French Civil Code.
In any case, The Kooples cannot be held liable for defects resulting from improper use of the product by the Buyer, normal wear and tear of a product, inadequate maintenance or alteration of the product by the Buyer.
7.1 Conformity guarantee (see excerpts of the Civil Code and Consumer Code in Schedule 2)
Benefits from a two-year period, as from delivery of the Product, to take action;
Can choose between repair or replacement of the product, subject to the cost conditions specified in Article L. 217-9 of the Consumer Code;
Is not required to prove the existence of a defect in confomity when the Product is delivered, for twenty-four months following delivery of the product;
In order to benefit from this warranty, the Buyer must provided dated proof of purchase of the product.
The Buyer can implement this guarantee by informing The Kooples of the lack of conformity by sending an email to customer services at the following address: firstname.lastname@example.org
7.2 Hidden defect warranty (see excerpts of the Civil Code and Consumer Code in Schedule 2)
Moreover, The Kooples is bound by a warranty against hidden defects affecting its Products which render it unfit for its intended use, or which limit use to such an extent that the Buyer would not have bought said products or would have paid a lower price if he had been aware thereof.
The Buyer benefits from a period of two years as from discovery of the hidden defect to take action.
In the event of implementation of the warranty against hidden defects, the Buyer can choose between cancellation of the sale or a reduction in the price.
In order to benefit from this warranty, the Buyer must provided dated proof of purchase of the product.
The Buyer can implement this warranty by informing The Kooples of the hidden defect by sending an email to customer services at the following address: email@example.com
7.3 Consideration of the BUYER's request
The Kooples undertakes, in light of the Buyer's request, to exchange or refund the Buyer for the product. In the event of a clear difference in the cost between two options, The Kooples will opt for the cheaper solution.
In the event of a return due to a defect, The Kooples refunds shipping costs upon presentation of the corresponding receipt and in any case at the rate in force. The refund is made on a pro-rata basis of the price of the product in question in the total order amount.
Subject to the Buyer's consent, The Kooples may propose a credit note rather than an exchange or refund.
The provisions of this Article do not prevent the Buyer from benefiting from his right of withdrawal provided for in Article 6.
ARTICLE 8. RETURNS
Returns include credit note and/or refund requests.
Without prejudice to the provisions of the legal warranty, the Purchaser has a period of thirty days from the date of receipt of their order to make a return request. In the case of special sales (Outlet Sales), the return period is shortened to 15 days. Only items returned on time, in their original packaging, unwashed and unworn may be processed.
Each return must be accompanied by the return form duly completed by the Purchaser in their customer account (tab "My orders and returns", then "See details" of the order concerned, and section "Make a return") and be returned to the address indicated below:
The Kooples Retours Internet
ZAC de la Pépinière
95470 ST WITZ
A pre-paid return label will also be available for download from the Purchaser's customer account following the creation of the return form. If this option is not available, the Purchaser is invited to complete the contact form available in their customer account (section "Need help" then "Write us") so that a prepaid slip can be sent to them as soon as possible.
If the Purchaser had to advance the return shipping costs to return the package, The Kooples will cover the return shipping costs up to a maximum of 6 euros for France and 16 euros for international countries.
Returning to shops (except corners and outlet stores) is possible within the framework of an exchange of a value equal or superior to the ordered product or a refund.
- In the event of an exchange of a value greater than the product ordered, the Customer will pay the difference in price.
- In the event of a refund, the Customer must first make the return request in their customer account and submit their return form at the point of sale so that the refund request can be duly taken into account. Without a return form, the refund cannot be processed.
Please note that in-store returns are unavailable during special sales periods (Outlet Sales).
Personalized products are neither returnable nor exchangeable and cannot be the subject of a credit note or refund.
ARTICLE 9. DATA PROTECTION
9.1. PERSONAL DATA AND COOKIES
The The Kooples Privacy and Personal Data Policy can be accessed on its website at the following address: https://www.thekooples.com/fr_fr/privacy-policy-cookie-restriction-mode/
Providing personal data in the context of remote sales is obligatory as this information is necessary for the processing and delivery or orders and issuing of bills. This information is strictly confidential and will not be communicated to third parties, with the exception, as may be relevant, of The Kooples partners and in particular the carrier. Failure to provide said information implies automatic refusal of the order.
The Buyer's bank details are not kept after the purchase, unless the Buyer agrees to them being saved on his customer account. In any case, the security number is never stored by The Kooples.
Customers are entitled to request access to or modification, rectification, portability or erasure of his personal data. To exercise this right, the Customer must send an email to The Kooples' customer services at the email address firstname.lastname@example.org or to the following postal address:
The Kooples PRODUCTION
Service Relation Clients
11, rue de Prony
When consulting the Website, information regarding browsing on the Website on the Customer's device (computer, tablet, smartphone etc.) may be saved in files called cookies installed on the Customer's device, subject to the choices made by the Customer in this respect. These choices are notably the result of settings in the Customer's browser used when visiting the Website, which he can modify at any time. These cookies make it possible to recognise the browser during the validity period of the cookie in question.
9.2. WEB TAGS
Certain pages on the website may contain electronic images or "web tags" which enable us to count the number of visitors to the page or Website, and/or provide The Kooples with a certain number of indicators.
These web tags can be used with certain The Kooples partners, in particular in order to measure and improve visibility of certain pages and, in general, Website efficacy.
In any case, the information obtained via these tags is strictly anonymous and simply makes it possible to collect statistics on visits to certain Website pages in order to better serve Website users.
ARTICLE 10. MISCELLANEOUS PROVISIONS
10.1. FORCE MAJEURE
The Kooples will not be held liable for total or partial failure to perform its obligations under this agreement if this failure to perform is due to a force majeure event, recognised as such by case law.
The Parties agree to consult one another at the earliest opportunity in order to determine the conditions for the processing of the order during the force majeure period.
In the event of disruption for more than one (1) month due to force majeure, the Parties will be released from their obligations towards one another.
10.2. ENTIRETY OF THE AGREEMENT
These terms and conditions of sale and the order summary sent to the Buyer constitute a contractual whole summarising all agreements entered into between the parties.
10.3 STORAGE AND ARCHIVING OF TRANSACTIONS
The archiving of bills is carried out on a reliable, lasting medium in order to serve as a reliable, lasting copy.
10.4 GOVERNING LAW - COMPETENT COURTS – COMPLAINT POLICY
These terms and conditions of sale and the contractual relations between The Kooples and the Buyer are governed by French law.
For all additional information or if you have any reason to complain about our service, we invite you to contact us at the following email address email@example.com or by telephone at +33 (0)1 53 29 29 39 (from Monday to Friday from 9 am to 6 pm - toll free number).
In case a consumer dispute has not been settled after a prior written request to The Kooples’ customer services, you may submit complaints on the dispute resolution platform of the European Commission accessible through the following address: https://ec.europa.eu/consumers/odr/
In the absence of an amicable solution, the dispute will fall under the exclusive jurisdiction of the competent French Court.
ARTICLE 11. DELIVERY COUNTRIES
On the website https://www.thekooples.com/, The Kooples ships to the following countries:
ARTICLE 12. PRODUCT PERSONALISATION
The Kooples offers personalisation services for a selection of products, allowing you to choose from a range of colours and add your initials.
Nonetheless, we reserve the right to refuse, at our complete discretion, any request which we deem to be:
inappropriate or contrary to public policy or good morals
Incompatible with the The Kooples brand image
A breach of third-party trademarks or copyrights.
You acknowledge that we reserve the right to refuse your personalisation request. You alone are liable for said request. In this respect, The Kooples cannot be held liable for the personalisation carried out vis-à-vis third parties.
Personalised products cannot be exchanged and returned for a credit note or refund.
SCHEDULE 1: MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the agreement)
To the attention of:
The Kooples PRODUCTION
Service Relation Clients
11, rue de Prony
I/We (*) hereby inform you of my/our (*) withdrawal from the agreement concerning the sale of the product(s) below:
(*) Delete as applicable
SCHEDULE 2: EXCERPTS FROM THE FRENCH CIVIL AND CONSUMER CODE
1. LEGAL GUARANTEE OF CONFORMITY UNDER THE FRENCH CONSUMER CODE
Article L. 217-4
The seller delivers an article in conformity with the agreement and answers for the defects in conformity existing during delivery.
It also answers for any non-conformity resulting from the packaging or assembly or installation instructions, when it was made liable for said elements under the agreement or they were carried out under its responsibility.
Article L. 217-5
The product complies with the contract:
1° If it is suitable for the intended use of a similar product and, as may be relevant:
If it corresponds to the description given by the seller and features the properties that the latter specified to the buyer in the form of a sample or model;
If it features the properties that a buyer can legitimately expect given the public declarations made by the seller, the manufacturer or its representative, in particular advertisements and labels;
2° Or if it features the properties defined by mutual agreement of the parties or if it is suitable for any special use sought by the buyer, of which the seller is made aware and which it accepts.
Article L. 217-12
Action based on a lack of conformity must be brought within two years as from delivery of the product.
2. HIDDEN DEFECTS GUARANTEE UNDER THE CIVIL CODE
The seller is bound by a warranty against hidden defects affecting the product sold which render it unfit for its intended use, or which limit use to such as extent that the buyer would not have bought said product, or would have paid a lower price if he had been aware thereof.
An action resulting from redhibitory defects must be brought by the buyer within two years as from discovery of the defect.
and outlet stores
RULES OF THE COMPETITION GIFT CARD CONTEST
ARTICLE 1 – Organisation
The company The Kooples Production, SAS whose head office is situated at 11, rue de Prony, 75017 Paris, Paris Trade and Company Register no. 507769164 (hereafter referred to as the “Organising Company”), is organising a competition with no purchase obligation from March 29th 2021 from 6pm called “Gift Card Contest” (hereafter referred to as the “Competition”); Competition only accessible on The Kooples Instagram account (@TheKooples) from 6pm on March 29th until 6pm on April 5th 2021.
ARTICLE 2 – Conditions of access for the Competition
2.1. Participation in the Competition is open to all persons who are at least 18 years of age, without geographical limitations, and who have at the start date of the Competition a telephone number and personal email address, which can be used to as a point of contact for the administration requirements of the Competition (hereafter referred to as the “Participant”).
Any person who has directly or indirectly participated in the development of the Competition, as well as any members of their family (with the same surname or postal address), including individuals working for the Organising Company or on its behalf, and members of the Legal Adjudicator's office with which these rules are filed, are excluded from any participation in the Competition.
Only entries that comply with all the conditions of the present article will be accepted. The Organising Company reserves the right to carry out any verification it deems necessary, in particular concerning the identity, age and address of each Participant, in order to ensure full compliance with the conditions of the present article. In this respect, any information given in the registration form referred to in Article 3 below which is incomplete, inaccurate, falsified, does not allow a Participant or their contact details to be identified, or contravenes any of the stipulations of these rules will result in their participation being cancelled.
2.2. Participation in the Competition requires the express and unreserved acceptance of these rules in their entirety as well as the laws and regulations applicable to competitions in force in France.
A maximum of one participation per person will be accepted throughout the entire duration of the Competition.
ARTICLE 3 – Methods of participation
To participate in the present Competition, each participant must like the post for the Competition and follow The Kooples Instagram account (@TheKooples) between 6pm on March 29th and 6pm on April 5th 2021.
ARTICLE 4 – Designation of the winner
At the end of the Competition, a draw to determine the winner will be carried out by the Organising Company.
ARTICLE 5 – Prize in play
One (1) Gift card worth €1000 is the prize in play.
The Gift card will be sent via email to the winner of the Competition.
The prize awarded cannot be contested by the Winner. The prize awarded is non-transferable, non-transmissible and cannot be sold. It may not be exchanged or remitted in cash by the Organising Company. However, if circumstances so require, the Organising Company reserves the right to replace the allocated prize with a prize of equivalent value.
ARTICLE 6 – Winner’s information and awarding the prize
6.1. The Organising Company shall inform the Winner of their accomplishment, by telephone or email at the address indicated when they registered for the Competition, within seven (7) days of the draw.
The Winner must confirm the acceptance of their prize within 72 hours following the announcement of the win, by responding to the call or email in question, and by specifying their contact details: first name, surname and postal address.
In the absence of confirmation from the Winner under the aforementioned conditions, the prize will be deemed lost and the Organising Company may re-allocate it to another winner drawn at random.
Any incomplete or inaccurate contact details will be considered null and void and will not entitle the Winner selected via the random draw to receive their prize. As a general rule, an entry in the Competition will be considered void if it is incomplete, inaccurate, false or made in violation of these rules.
In any case, it is specified that Participants who have not been drawn at random will not be informed by email or by any other possible means.
6.2. The Organising Company will send the prize to the Winner by email, within a period of one month from receipt of the prize confirmation email sent by the Winner.
ARTICLE 7 – Submission and consultation of the rules
Participation in the Competition requires the full and unreserved acceptance of these rules in their entirety, as filed with the SCP NOCQUET FLUTRE MARCIREAU, Associated Legal Adjudicators, located at 16 rue de la Banque, 75002 Paris.
These rules are available free of charge and in their entirety on the website www.thekooples.com for the duration of the Competition.
A copy of these rules will also be sent free of charge by post to any person, upon written request from them with their full details included (first name, surname and postal address), sent before and up to midnight on 31/03/2021 (date as postmark),
to: THE KOOPLES, 11 rue de Prony, 75017 PARIS (hereafter “The Competition Address”).
Postage costs related to the claim will be reimbursed, within the limit of the national price in force (based on 20 g), upon written request to this effect accompanying the claim. Only one request for a copy of the payment will be reimbursed per household (with the same surname and postal address).
ARTICLE 8 – Modification of the Competition and Rules
The Organising Company reserves the right to cancel, postpone, extend or shorten the Competition, as well as to modify all or part of the terms and conditions of access and/or the terms and conditions of implementation of the Competition, if circumstances require it to do so and without having to justify this decision nor be held liable in any way as a result.
Any amendment to the rules will be announced under the same conditions as the initial rules, and will be subject to a new submission to the Legal Adjudicators cited in Article 7 above and will come into force from the moment it is filed. Any Participant will then be deemed to have accepted this modification by the mere fact of their participation in the Competition from the date of entry into force of the aforementioned modification.
ARTICLE 9 – Liability
The liability of the Organising Company is strictly limited to the effective delivery of the prize, duly and legitimately won.
9.1 The Organising Company accepts no liability in the event of any malfunctions with internet connection, telephone lines or reception equipment, which may prevent the smooth running of the Competition.
Nor can the Organising Company be held liable in the event that one or more Participants are unable to participate due to any technical problems or defects linked in particular to network congestion.
The Organising Company may cancel all or part of the Competition if it appears that fraud has occurred in any form whatsoever, particularly computer fraud in connection with participation in the Competition or the determination of the Winner.
In this case, it reserves the right to not attribute the prize to the fraudulent persons and/or to prosecute the perpetrators of such fraud before the relevant courts.
9.2 The Organising Company shall make every effort to provide access to the Competition at all times, without being under any obligation to do so. The Organising Company may interrupt access to the Competition at any time, in particular for technical and maintenance reasons, or updates. Under no circumstances will the Organising Company be held liable for these interruptions or any possible consequences.
9.3 The Organising Company shall not be held liable for any incident and/or accident that may occur during the use of the prize awarded and/or due to its improper use by the Winner.
It is specified for all purposes that the Organising Company shall not provide any service or guarantee linked to the use of the prize, which shall solely entail the delivery of the prize stipulated in the Competition.
ARTICLE 10 – Data processing and Civil Liberties - Privacy
The personal data collected in the participation form is compulsory. It is intended exclusively for the Organising Company, for the sole purpose of determining participation in the Competition, managing the Winner, allocating the prize and fulfilling any legal and regulatory obligations. It may be communicated to any service providers and subcontractors that the Organising Company might use for the purposes of organising and/or managing the Competition.
In accordance with the French Data Protection Act of 6 January 1978 and the European General Data Protection Regulation (GDPR) No. 2016/679 of 27 April 2016, participants have the right to access, modify and delete personal data that relates to them, by writing to the Organising Company: THE KOOPLES, 11 rue de Prony, 75017 PARIS.
ARTICLE 11 – Litigation and Applicable Law
11.1 The present rules are subject to French law. Participants are therefore subject to French regulations applicable to competitions.
11.2 In the event of a dispute or complaint, for any reason whatsoever, requests must be sent in writing to the Organising Company within two (2) months after the end of the Competition (date as postmark).
11.3 Any dispute arising in connection with this Competition which cannot be settled amicably will be submitted to the relevant courts.